HB 7111

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act regarding the offense of interference
4with custody; amending s. 787.03, F.S.; specifying that
5the offense of interference with custody applies to the
6taking of a minor; providing a penalty; revising a defense
7to the offense of interference with custody for a
8defendant who is a victim of actual or imminent domestic
9violence to provide that the defendant's reasonable belief
10that the interference was necessary to escape from, or
11protect himself or herself from, domestic violence or to
12preserve a minor or incompetent person from exposure to
13domestic violence constitutes a defense; revising a
14defense to the offense of interference with custody when a
15minor or incompetent person instigates his or her own
16taking to require a showing that it was reasonable for the
17defendant to rely upon the instigating acts; broadening an
18exception to the offense of interference with custody;
19specifying that the offense is inapplicable to cases
20involving certain persons who have a legal right to
21custody of a minor or an incompetent person who take the
22minor or incompetent person and follow prescribed
23procedures; including the taking of an incompetent person
24within provisions governing the exception to the offense;
25making editorial changes; reenacting s. 61.45(6)(b), F.S.,
26relating to a court order of visitation or custody, and s.
27933.18(7)(a), F.S., relating to instances in which a
28warrant may be issued for search of private dwelling, for
29the purpose of incorporating the amendment to s. 787.03,
30F.S., in references thereto; reenacting and amending s.
31921.0022(3)(d), F.S.; revising a reference to the offense
32of interference with custody within the offense severity
33ranking chart of the Criminal Punishment Code to conform;
34providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Subsections (1), (2), (4), and (5) and
39paragraphs (a) and (b) of subsection (6) of section 787.03,
40Florida Statutes, are amended to read:
41     787.03  Interference with custody.--
42     (1)  Whoever, without lawful authority, knowingly or
43recklessly takes or entices, or aids, abets, hires, or otherwise
44procures another to take or entice, any minor child 17 years of
45age or under or any incompetent person from the custody of the
46minor's child or incompetent person's parent, his or her
47guardian, a public agency having the lawful charge of the minor
48child or incompetent person, or any other lawful custodian
49commits the offense of interference with custody and commits a
50felony of the third degree, punishable as provided in s.
51775.082, s. 775.083, or s. 775.084.
52     (2)  In the absence of a court order determining rights to
53custody or visitation with any minor child 17 years of age or
54under or with any incompetent person, any parent of the minor
55child or incompetent person, whether natural or adoptive,
56stepparent, legal guardian, or relative of the minor such child
57or incompetent person who has custody thereof and who takes,
58detains, conceals, or entices away that minor child or
59incompetent person within or without the state, with malicious
60intent to deprive another person of his or her right to custody
61of the minor child or incompetent person, commits a felony of
62the third degree, punishable as provided in s. 775.082, s.
63775.083, or s. 775.084.
64     (4)  It is a defense that:
65     (a)  The defendant had reasonable cause to believe
66reasonably believes that his or her action was necessary to
67preserve the minor child or the incompetent person from danger
68to his or her welfare.
69     (b)  The defendant was the victim of an act of domestic
70violence or had reasonable cause to believe that he or she was
71about to become the victim of his or her action was necessary to
72protect himself or herself from an act of domestic violence as
73defined in s. 741.28, and the defendant had reasonable cause to
74believe that the action was necessary in order for the defendant
75to escape from, or protect himself or herself from, the domestic
76violence or to preserve the minor or incompetent person from
77exposure to the domestic violence.
78     (c)  The minor child or incompetent person was taken away
79at his or her own instigation without enticement and without
80purpose to commit a criminal offense with or against the minor
81child or incompetent person, and the defendant establishes that
82it was reasonable to rely on the instigating acts of the minor
83or incompetent person.
84     (5)  Proof that a person has not attained the age of 18
85years child was 17 years of age or under creates the presumption
86that the defendant knew the minor's child's age or acted in
87reckless disregard thereof.
88     (6)(a)  The offenses prescribed in subsections (1) and
89(2) do This section does not apply in cases in which where a
90person having a legal right to custody of a minor or incompetent
91person spouse who is the victim of any act of domestic violence,
92or who has reasonable cause to believe he or she is about to
93become the victim of any act of domestic violence, as defined in
94s. 741.28, or believes that his or her action was necessary to
95preserve the minor child or the incompetent person from danger
96to his or her welfare and seeks shelter from such acts or
97possible acts and takes with him or her the minor or incompetent
98person any child 17 years of age or younger.
99     (b)  In order to gain the exception exemption conferred by
100paragraph (a), a person who takes a minor or incompetent person
101under child pursuant to this subsection must:
102     1.  Within 10 days after taking the minor or incompetent
103person child, make a report to the sheriff's office or state
104attorney's office for the county in which the minor or
105incompetent person child resided at the time he or she was
106taken, which report must include the name of the person taking
107the minor or incompetent person child, the current address and
108telephone number of the person and minor or incompetent person
109child, and the reasons the minor or incompetent person child was
110taken.
111     2.  Within a reasonable time after taking a minor the
112child, commence a custody proceeding that is consistent with the
113federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A,
114or the Uniform Child Custody Jurisdiction and Enforcement Act,
115ss. 61.501-61.542.
116     3.  Inform the sheriff's office or state attorney's office
117for the county in which the minor or incompetent person child
118resided at the time he or she was taken of any change of address
119or telephone number of the person and the minor or incompetent
120person child.
121     Section 2.  For the purpose of incorporating the amendment
122made by this act to section 787.03, Florida Statutes, in a
123reference thereto, paragraph (b) of subsection (6) of section
12461.45, Florida Statutes, is reenacted to read:
125     61.45  Court order of visitation or custody; risk of
126violation; bond.--
127     (6)
128     (b)  This section, including the requirement to post a bond
129or other security, does not apply to a parent who, in a
130proceeding to order or modify child custody or visitation, the
131court determines is a victim of an act of domestic violence or
132has reasonable cause to believe he or she is about to become the
133victim of an act of domestic violence, as defined in s. 741.28.
134An injunction for protection against domestic violence issued
135pursuant to s. 741.30 for a parent as the petitioner which is in
136effect at the time of the court proceeding shall be one means of
137demonstrating sufficient evidence that the parent is a victim of
138domestic violence or is about to become the victim of an act of
139domestic violence, as defined in s. 741.28, and shall exempt the
140parent from this section, including the requirement to post a
141bond or other security. A parent who is determined by the court
142to be exempt from the requirements of this section must meet the
143requirements of s. 787.03(6) if an offense of interference with
144custody is committed.
145     Section 3.  For the purpose of incorporating the amendment
146made by this act to section 787.03, Florida Statutes, in a
147reference thereto, paragraph (a) of subsection (7) of section
148933.18, Florida Statutes, is reenacted to read:
149     933.18  When warrant may be issued for search of private
150dwelling.--No search warrant shall issue under this chapter or
151under any other law of this state to search any private dwelling
152occupied as such unless:
153     (7)  One or more of the following misdemeanor child abuse
154offenses is being committed there:
155     (a)  Interference with custody, in violation of s. 787.03.
156
157If, during a search pursuant to a warrant issued under this
158section, a child is discovered and appears to be in imminent
159danger, the law enforcement officer conducting such search may
160remove the child from the private dwelling and take the child
161into protective custody pursuant to chapter 39. The term
162"private dwelling" shall be construed to include the room or
163rooms used and occupied, not transiently but solely as a
164residence, in an apartment house, hotel, boardinghouse, or
165lodginghouse. No warrant shall be issued for the search of any
166private dwelling under any of the conditions hereinabove
167mentioned except on sworn proof by affidavit of some creditable
168witness that he or she has reason to believe that one of said
169conditions exists, which affidavit shall set forth the facts on
170which such reason for belief is based.
171     Section 4.  Paragraph (d) of subsection (3) of section
172921.0022, Florida Statutes, is reenacted and amended to read:
173     921.0022  Criminal Punishment Code; offense severity
174ranking chart.--
175     (3)  OFFENSE SEVERITY RANKING CHART     
 
FloridaStatuteFelonyDegreeDescription
176
 

(d)  LEVEL 4
177
 
316.1935(3)(a)2ndDriving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
178
 
499.0051(1)3rdFailure to maintain or deliver pedigree papers.
179
 
499.0051(2)3rdFailure to authenticate pedigree papers.
180
 
499.0051(6)2ndSale or delivery, or possession with intent to sell, contraband legend drugs.
181
 
784.07(2)(b)3rdBattery of law enforcement officer, firefighter, intake officer, etc.
182
 
784.074(1)(c)3rdBattery of sexually violent predators facility staff.
183
 
784.0753rdBattery on detention or commitment facility staff.
184
 
784.0783rdBattery of facility employee by throwing, tossing, or expelling certain fluids or materials.
185
 
784.08(2)(c)3rdBattery on a person 65 years of age or older.
186
 
784.081(3)3rdBattery on specified official or employee.
187
 
784.082(3)3rdBattery by detained person on visitor or other detainee.
188
 
784.083(3)3rdBattery on code inspector.
189
 
784.0853rdBattery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
190
 
787.03(1)3rdInterference with custody; wrongly takes minor child from appointed guardian.
191
 
787.04(2)3rdTake, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
192
 
787.04(3)3rdCarrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
193
 
790.115(1)3rdExhibiting firearm or weapon within 1,000 feet of a school.
194
 
790.115(2)(b)3rdPossessing electric weapon or device, destructive device, or other weapon on school property.
195
 
790.115(2)(c)3rdPossessing firearm on school property.
196
 
800.04(7)(d)3rdLewd or lascivious exhibition; offender less than 18 years.
197
 
810.02(4)(a)3rdBurglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
198
 
810.02(4)(b)3rdBurglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
199
 
810.063rdBurglary; possession of tools.
200
 
810.08(2)(c)3rdTrespass on property, armed with firearm or dangerous weapon.
201
 
812.014(2)(c)3.3rdGrand theft, 3rd degree $10,000 or more but less than $20,000.
202
 
812.014(2)(c)4.-10.3rdGrand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
203
 
812.0195(2)3rdDealing in stolen property by use of the Internet; property stolen $300 or more.
204
 
817.563(1)3rdSell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
205
 
817.568(2)(a)3rdFraudulent use of personal identification information.
206
 
817.625(2)(a)3rdFraudulent use of scanning device or reencoder.
207
 
828.125(1)2ndKill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
208
 
837.02(1)3rdPerjury in official proceedings.
209
 
837.021(1)3rdMake contradictory statements in official proceedings.
210
 
838.0223rdOfficial misconduct.
211
 
839.13(2)(a)3rdFalsifying records of an individual in the care and custody of a state agency.
212
 
839.13(2)(c)3rdFalsifying records of the Department of Children and Family Services.
213
 
843.0213rdPossession of a concealed handcuff key by a person in custody.
214
 
843.0253rdDeprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
215
 
843.15(1)(a)3rdFailure to appear while on bail for felony (bond estreature or bond jumping).
216
 
874.05(1)3rdEncouraging or recruiting another to join a criminal street gang.
217
 
893.13(2)(a)1.2ndPurchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
218
 
914.14(2)3rdWitnesses accepting bribes.
219
 
914.22(1)3rdForce, threaten, etc., witness, victim, or informant.
220
 
914.23(2)3rdRetaliation against a witness, victim, or informant, no bodily injury.
221
 
918.123rdTampering with jurors.
222
 
934.2153rdUse of two-way communications device to facilitate commission of a crime.
223
224     Section 5.  This act shall take effect October 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.